Legal Question in Wills and Trusts in New York

Re: Timeframe of will settlement

The normal time framework for a simple estate is less than a year. If there were NY or federal estate taxes involved the time frame might be longer. but you should have been notified of the status or the problems. I suggest since you are getting no information that you have your attorney file an action in the Surrogate's Court, compelling the Executor to render an accounting and provide all documents for the estate (estate or inheritance returns, asset schedules, etc.). It appears either this was a complicated estate or something is very wrong.

Re: Timeframe of will settlement

Under New York law, an Estate must be settled within a "reasonable" time. Unless this is a complicated Estate with unusual assets, such as artwork, or a lot of Real Estate that needs to be sold, or complicated tax issues, there should not be a significant delay in the settlement.

I suggest that you have your lawyer file a Petition to Compel an Accounting against the executor. This will require the executor to appear in Court and advise the Judge of the status of the Estate. The Judge can then Order that an Accounting be filed and the proceeds be distributed.

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Re: Timeframe of will settlement

There is no statute of limitations for resolition of a will however in normal circumstances the will should be settled. You can make a motion in probate court to compel resolution ofthe estate. The executor will have to account for the estate or give a compelling reason for failing finalize the estate to this point.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.